American Broadcasting Companies, Inc. v. Siebert

110 Misc. 2d 744, 7 Media L. Rep. (BNA) 1859, 442 N.Y.S.2d 855, 1981 N.Y. Misc. LEXIS 3153
CourtNew York Supreme Court
DecidedJuly 1, 1981
StatusPublished
Cited by13 cases

This text of 110 Misc. 2d 744 (American Broadcasting Companies, Inc. v. Siebert) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Broadcasting Companies, Inc. v. Siebert, 110 Misc. 2d 744, 7 Media L. Rep. (BNA) 1859, 442 N.Y.S.2d 855, 1981 N.Y. Misc. LEXIS 3153 (N.Y. Super. Ct. 1981).

Opinion

OPINION OF THE COURT

Hilda G. Schwartz, J.

Calendar Nos. 211 and 223 are consolidated for disposition.

Calendar No. 211 is a petition by the American Broadcasting Companies, Inc. (ABC), pursuant to CPLR article 78 for access to certain information pursuant to the Freedom of Information Law ([FOIL], Public Officers Law, §§ 84-90) and the rules and regulations promulgated by the State of New York Banking Department thereunder (3 NYCRR 106.1-106.6 [Supervisory Procedure G 106]).

Calendar No. 233 is a motion by the Check Cashers Association of New York, Inc., to intervene as a party respondent in this proceeding, pursuant to CPLR 1012 (subd [a]) and/or CPLR 1013.

ABC’s news division, ABC News, seeks access to certain limited information contained on approved license applica[745]*745tions submitted to the Banking Department by 20 check-cashing licensees. Specifically, ABC News seeks the names, addresses and aliases of the directors, stockholders and officers of these check-cashing licensees as well as of other persons having an interest in these check-cashing licensees, to all of whom ABC News has collectively referred as “the principals” of the check-cashing licensees.

ABC News gathers news and disseminates same through television news reports and documentaries broadcast over ABC’s television network. It states it will begin filming and editing a documentary for inclusion in its weekly “20/20” network news program, scheduled to be broadcast on or about September 3,1981 and that this information is necessary in connection therewith. On or about March 20, 1981 ABC News submitted its request to the Banking Department on the form provided by the department for persons seeking access to its records.

ABC News requested (a) the information provided to the Banking Department by 20 designated licensees on their “Application for License as Licensed Casher of Checks” and (b) any complaints or information from hearings in the Banking Department’s possession relating to the 20 designated licensees. The license applications consisted of 22 questions and ABC News sought the answers supplied to all of these questions by each of the 20 designated licensees.

The Banking Department, in response, provided the requested license applications to ABC, but the answers to all but 7 of the 22 questions were expunged by the Banking Department. Among the information deleted were the names, addresses and aliases of the principals of the 20 designated check-cashing licensees; and complaints or information from hearings relating to them. Subsequently the Superintendent of the Banking Department (Superintendent) provided ABC News with some information and documentation as to complaints relating to some of the 20 designated check-cashing licensees. However, it refused access to the information pertaining to the names, addresses and aliases of the principals of the 20 designated check-cashing licensees (i.e., the answers to questions 12, 13, 14, 21 and 22 of the license applications) upon the [746]*746ground that it is exempt from disclosure in that release of the information would endanger the lives or safety of certain persons (Public Officers Law, § 87, subd 2, par [f]) and upon the ground that disclosure would constitute an unwarranted invasion of personal privacy (Public Officers Law, § 89, subd 2, par [b], cl i).

On this motion, petitioner ABC News limits its request to the names and other names by which known, addresses including residence addresses of principals and others who have an interest in the business. Respondent Superintendent maintains this information is exempt from disclosure. The questions to which petitioner seeks access to the answers are:

“12. Has any person other than those listed herein any interest, direct or indirect, in the business to be licensed? If so, give name and address of each:

“13. Has.any officer, director or substantial stockholder ever been known by any other name than that now used?

“14. If so, give details and attach certified copy of court order, if any, effecting such change:

“21. Names and addresses of Directors and Stockholders.

“22. The names and residences of each of the Officers of the corporation are as follows:”.

The general counsel of Check Cashers Association of New York, Inc., proposed intervenor, in describing the industry states it was first licensed in the State of New York in 1947; that it serves a banking function in those areas and to those segments of the general public who do not maintain commercial or savings bank accounts; that of necessity the business of licensed check cashers involves the use of currency and negotiable paper such as food stamps. He states that as such, they are and have been over the years, the subject of robberies, kidnappings and murders; that the individual licensed check-cashing locations have for many years installed protection such as bullet-proof glass partitions, silent alarms wired to central locations; electric eye and sonar protection. All locations have steel double door protection. He asserts that while the average check-cashing location is not readily vulnerable to holdup or robbery, licensed check cashers are most vulner[747]*747able when outside their protected areas, such as on the way from or to their homes. In recent years, they have become the subject of threats of kidnapping to themselves and to members of their families. It is pointed out that in the last year alone, in excess of 50 violence-related crimes were perpetrated against the check-cashing industries. A list of 17 recent crimes is submitted, including 12 armed robberies, 2 robberies and 3 kidnap and armed robberies, in which the sums involved ranged from $8,000 to $150,000. An instance of a kidnap of a daughter and an attempted robbery at the home of a check casher is described and emphasis placed on the dangers of making residence locations public knowledge.

The Superintendent calls attention to another incident of a kidnapping-robbery type of crime occurring last year, when the employee of a check-cashing business was accosted at gunpoint outside his home, accompanied to the store and forced to hand over in excess of $25,000. This employee was accosted at gunpoint again, five months later although he had moved his residence, in the lobby of his apartment building, driven to the store and forced to hand over in excess of $40,000, suffering, in addition, bodily injuries.

The Superintendent concedes that the risk of robberies inherently exists in the check-cashing business and that violent crimes can occur even without the disclosure of the information sought. The Superintendent contends, however, that the basis for her refusal is that it would significantly increase the risk of danger which already exists.

In invoking the exemption in the Freedom of Information Law which provides that a State agency may deny access to its records or portions thereof which, if disclosed, would endanger the life or safety of any person (Public Officers Law, § 87, subd 2, par [f]), the Superintendent stated in her letter dated April 29,1981: “Check cashing is a business in which large amounts of cash are available. Revealing the names and addresses of those individuals [the principals of the 20 designated check-cashing licensees] could significantly increase the risk of robberies which could endanger the lives and safety of the persons involved.”

[748]

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Bluebook (online)
110 Misc. 2d 744, 7 Media L. Rep. (BNA) 1859, 442 N.Y.S.2d 855, 1981 N.Y. Misc. LEXIS 3153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-broadcasting-companies-inc-v-siebert-nysupct-1981.